Attorney(s) appearing for the Case
Irving E. Kanner, of New York City (Max D. Steuer, of New York City, Harold H. Corbin, of Saratoga Springs, and Edward J. Bennett, of Brooklyn, of counsel), for plaintiffs in error.
Charles H. Tuttle, U. S. Atty., of New York City (Ben Herzberg and Kenneth F. Simpson, Asst. U. S. Attys., both of New York City, of counsel), for the United States.
Before MANTON, L. HAND, and SWAN, Circuit Judges.
Circuit Court of Appeals, Second Circuit.
SWAN, Circuit Judge (after stating the facts as above).
It is urged that the indictment is wholly insufficient to support the conviction, because it does not set forth the offense with sufficient particularity to meet the requirements of criminal pleading. The point was raised at the beginning of the trial by a motion to dismiss.
The defendants' contention is supported by United States v. Lynch (D. C.)
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